"Will The Real Mens Rea Please Stand Up: Assessing The Fifth Circuit's Kickback Jurisprudence After United States V. Nora,
2021
St. Mary's University School of Law
"Will The Real Mens Rea Please Stand Up: Assessing The Fifth Circuit's Kickback Jurisprudence After United States V. Nora, John J. Locurto
Faculty Articles
When an appellate court goes out of its way to note, not once but twice, that a defendant convicted of fraud and conspiracy was just twenty-two years old and had only a high school degree when he joined a criminal venture, it is probably a safe bet that a reversal is coming. That is exactly what happened in United States v. Nora. The United States Court of Appeals for the Fifth Circuit overturned young Jonathon Nora's conviction for his part in a multi-million-dollar scheme to defraud Medicare. The case is, sadly enough, nondescript as health care frauds go, except for …
My Friend, Charles Reich,
2021
Touro University Jacob D. Fuchsberg Law Center
Charles Reich: Due Process In The Eye Of The Receiver,
2021
Touro University Jacob D. Fuchsberg Law Center
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Touro Law Review
No abstract provided.
Keeping Up: Walking With Justice Douglas,
2021
Touro University Jacob D. Fuchsberg Law Center
Keeping Up: Walking With Justice Douglas, Charles A. Reich
Touro Law Review
No abstract provided.
Introduction,
2021
UC Law SF
Health Law: Vaccine Mandates: A Primer,
2021
UC Law SF
Health Law: Vaccine Mandates: A Primer, Dorit Reiss
The Judges' Book
No abstract provided.
Civil Procedure: The Zooming Of Federal Civil Litigation,
2021
UC Law SF
Civil Procedure: The Zooming Of Federal Civil Litigation, Scott Dodson
The Judges' Book
No abstract provided.
Constitutional Law: Blockchain’S Challenge For The Fourth Amendment,
2021
UC Law SF
Constitutional Law: Blockchain’S Challenge For The Fourth Amendment, Paul Belonick
The Judges' Book
No abstract provided.
Foreword,
2021
UC Law SF
Bankruptcy: Bankruptcy Hardball,
2021
UC Law SF
Employment Law: Proving Racial And Gender Bias Under Title Vii,
2021
UC Law SF
Employment Law: Proving Racial And Gender Bias Under Title Vii, Joan C. Williams
The Judges' Book
No abstract provided.
Health Law: Physician Aid In Dying And Assessment Of Patient Capacity,
2021
UC Law SF
Health Law: Physician Aid In Dying And Assessment Of Patient Capacity, Lois A. Weithorn
The Judges' Book
No abstract provided.
Corporate Law: Does Trados Matter?,
2021
UC Law SF
Corporate Law: Does Trados Matter?, Abraham J.B. Cable
The Judges' Book
No abstract provided.
Tax: Exit Rights Triggered By Tax Law Changes,
2021
UC Law SF
Tax: Exit Rights Triggered By Tax Law Changes, Heather M. Field
The Judges' Book
No abstract provided.
Adding Context And Constraint To Corpus Linguistics,
2021
University of Nevada, Las Vegas -- William S. Boyd School of Law
Adding Context And Constraint To Corpus Linguistics, Jeffrey W. Stempel
Scholarly Works
In Part I, I discuss the reasons why corpus linguistics should not be considered in isolation from contextual factors, as the latter often illuminate meanings that cannot be found from simply chronicling the usage of a given word. In Part II, I demonstrate, through the lens of three Supreme Court cases, that corpus linguistics does not aid interpretation when the words of a statute or document are clear, but their application to the facts at hand is not. My critique of corpus linguistics mirrors the larger, long-running, and ongoing debate of the merits of a more textual approach to interpretation …
Table Of Contents,
2021
UC Law SF
Civil Procedure: A Critique Of Jurisdictionality,
2021
UC Law SF
Civil Procedure: A Critique Of Jurisdictionality, Scott Dodson
The Judges' Book
No abstract provided.
Pursuing Gender Equality Through The Courts: The Role Of South Africa’S Women Judges,
2021
New York Law School
Pursuing Gender Equality Through The Courts: The Role Of South Africa’S Women Judges, Penelope Andrews
Articles & Chapters
This chapter will focus on the contribution of female judges to the transformation of the judiciary in South Africa and specifically the pursuit of gender equality. It is a limited project that will explore the impacts of women judges on constitutional jurisprudence and how the influence of women judges has interacted with the broader transformation of the judicial and political system in South Africa after apartheid. In examining the impact of women judges on constitutional jurisprudence with respect to gender equality, I explore whether women judges have, in their judgments, conscripted and interpreted the constitution to highlight and guarantee its …
Judicial Power—Immigration-Style,
2021
Indiana University Maurer School of Law
Judicial Power—Immigration-Style, Jayanth K. Krishnan
Articles by Maurer Faculty
Throughout this current global pandemic, but of course, even before, former President Trump advocated enacting restrictive immigration measures. Under his tenure, the Department of Homeland Security (DHS) assumed enhanced judicial authority and issued decisions that often adversely affected noncitizens. However, in June 2020, the U.S. Supreme Court struck down one of the DHS's most well-known initiatives, which sought to end the 'DACA' program. The Court held that the agency could not do so arbitrarily and had to comply with the requirements set forth in the Administrative Procedure Act.
Yet, there have been other areas where the DHS, particularly through its …
Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion,
2021
Southern Methodist University, Dedman School of Law
Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit
Faculty Journal Articles and Book Chapters
Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on the ABA Model Rule 8.4(g), which regulates professional misconduct, this article argues that ethics rules can, under certain conditions, offer an effective deterrent to exclusionary practices among legal actors. Part I examines the specific history, evolution, and application of revised ABA Model Rule 8.4(g). Part II delves into the ways that ethics rules in general, despite their …
